Petition approved in 2007...Is it still under cap-exempt?

My petition was approved in 2007 and my I797B was issued on 03rd May, 2007 and was valid till 21/Sep/2010.

I got my H1B stamped in Dec 2010 but never used it. Never traveled.

Now, starting from my 1st petition (FY 2008), this is the 6th year (FY 2014), is my H1B still cap-exempt?

Although the notice of approval has 03/May/2007, isn’t it still valid till 21/Sep/2013 (if at all), since had I been in the US, I could have gone in for extension till 21/Sep/2013?

Although your H-1 was approved on May 3, 2007, I assume its start date would have been Oct 1, 2007.

6 years from that date corresponds to Sep 30, 2013. Your cap-exempt petition needs to be filed prior to this date.

Thanks a lot, Saurabh, for your reply.

I was worried as I read on this forum at more than a couple of places that 6 yrs start from the “petition approval date” and not the petition expiry date. hence the apprehension.

But thx for the reassuring reply.

H-1 cap starts from Oct every year. I assume your petition was filed in FY-08 cap i.e. after April 1, 2007. This means its validity dates were Oct 1, 2007 - Sep 21, 2010.

My response also takes petition start date in to consideration. It is not “petition approval date” or “petition expiration date” that matters. What matters is “petition start date”. Check your old 797 for start and end dates.

Yes Saurabh, the petition validity dates are 01/Oct through 21/Sep, 2010. I think I have chances now.

Thanks again.